Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words inserting:
/ SECTION 1. Article 7, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-738.
(A) Notwithstanding another provision
of law or regulation, the holder of a retail wine permit for
off-premises consumption whose retail space is at least ten
thousand square feet and whose primary product is not beer,
wine, or distilled spirits may obtain an annual wine tastings
permit for each separate place of business in order to conduct,
in accordance with department rulings or regulations, not more
than twelve wine tastings at the retail location in a calendar
quarter.
(B) An annual wine
tasting permit must be issued provided that:
(1)
at least ten days before the tasting, a notice detailing
the specific date and hours of the tasting must be sent by first
class mail or by electronic mail to the State Law Enforcement
Division;
(2)
the tastings must be conducted by the retailer or an agent
or independent contractor of the retailer and may not be
conducted by a wholesaler or manufacturer or an employee, agent,
or independent contractor of a wholesaler or manufacturer.
Nothing in this item prohibits a manufacturer or employee,
agent, or independent contractor of a manufacturer or a
wholesaler or employee, agent, or independent contractor of a
wholesaler from attending a tasting to provide information and
offer educational material on the products to be sampled. For
purposes of this item, a wholesaler is not considered an
employee, agent, or independent contractor of a manufacturer;
(3)
the retailer may not request from a manufacturer or
wholesaler, nor may a manufacturer or wholesaler provide,
neither directly or indirectly, anything of value in conjunction
with the tasting, including products to be sampled, personnel to
conduct the tasting, or additional products to be provided
during the tasting;
(4)
a sample may not be offered from more than four products
at any one tasting;
(5)
no more than one container of each of the products to be
sampled may be open at any time. Open containers must be visible
at all times and must be removed at the conclusion of a tasting;
(6)
the tasting must be held in a designated, stationary
tasting area of the retail store with a distinctive barrier
clearly in place, delineating the tasting area. No one under the
age of twenty-one may be allowed into the tasting area;
(7)
samples must be no more than one ounce for each product
sampled as defined in Section 61-4-10(3);
(8)
a person must not be served more than one sample of each
product;
(9)
a sample must not be offered to, or allowed to be consumed
by, an intoxicated person or a person under the age of
twenty-one years. A person tasting a sample may not be allowed
to loiter on the store premises;
(10)
a sampling may not be offered for more than four hours;
(11)
a retailer may not offer more than one sampling per day;
(12)
the tasting may not be held in conjunction with a beer
tasting pursuant to Section 61-4-960 or Section 61-4-965;
and
(13)
the tasting may not be held in conjunction with a tasting
in a retail alcoholic liquor store pursuant to Section 61-6-1035
that is adjacent to and licensed in the same name of the retail
permit authorizing the sale of beer.
(C) In addition to
other applicable fines and penalties, a retailer who violates
the provisions of this section must be assessed a fine of five
hundred dollars for the first violation and five hundred dollars
for the second violation in a twelve month period. Subsequent
violations in a twelve month period are punishable by the loss
of the retail off-premises consumption permit for thirty days.
The revenue from the fines established in this section must be
directed to SLED for supplementing funds required for regulation
and enforcement of the wine tastings.
(D) Nothing in this
section affects tastings as authorized in Section
61-4-737."
SECTION 2. Article 9, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-965.
(A) Notwithstanding another provision
of law or regulation, the holder of a retail permit authorizing
the sale of beer for off-premises consumption whose retail space
is at least ten thousand square feet and whose primary product
is not beer, wine, or distilled spirits may obtain an annual
beer tastings permit for each separate place of business in
order to conduct, in accordance with department rulings or
regulations, not more than twelve beer tastings at the retail
location in a calendar quarter.
(B) An annual beer
tasting permit must be issued provided that:
(1)
at least ten days before the tasting, a notice detailing
the specific date and hours of the tasting must be sent by first
class mail or by electronic mail to the State Law Enforcement
Division;
(2)
the tastings must be conducted by the retailer or an agent
or independent contractor of the retailer and may not be
conducted by a wholesaler or manufacturer or an employee, agent,
or independent contractor of a wholesaler or manufacturer.
Nothing in this item prohibits a manufacturer or employee,
agent, or independent contractor of a manufacturer or a
wholesaler or employee, agent, or independent contractor of a
wholesaler from attending a tasting to provide information and
offer educational material on the products to be sampled. For
purposes of this item, a wholesaler is not considered an
employee, agent, or independent contractor of a manufacturer;
(3)
the retailer may not request from a manufacturer or
wholesaler, nor may a manufacturer or wholesaler provide,
neither directly or indirectly, anything of value in conjunction
with the tasting; including products to be sampled, personnel to
conduct the tasting, or additional products to be provided
during the tasting;
(4)
a sample may not be offered from more than four products
at any one tasting;
(5)
no more than one container of each of the products to be
sampled may be open at any time. Open containers must be visible
at all times and must be removed at the conclusion of a tasting;
(6)
the tasting must be held in a
designated, stationary tasting area of the retail store with a
distinctive barrier clearly in place, delineating the tasting
area. No one under the age of twenty-one may be allowed into the
tasting area;
(7)
samples must be no more than two ounces for each product
sampled as defined in Section 61-4-10(1);
(8)
samples must be no more than one ounce for each product
sampled as defined in Section 61-4-10(2), provided that no more
than two of the total eight samples may contain more than ten
percent of alcohol by weight;
(9)
a person must not be served more than one sample of each
product;
(10)
a sample must not be offered to, or allowed to be consumed
by, an intoxicated person or a person under the age of
twenty-one years. A person tasting a sample may not be allowed
to loiter on the store premises;
(11)
a sampling may not be offered for more than four hours;
(12)
a retailer may not offer more than one sampling per
day;
(13)
the tasting may not be held in conjunction with a wine
tasting pursuant to Section 61-4-737 or Section 61-4-738;
and
(14)
the tasting may not be held in conjunction with a tasting
in a retail alcoholic liquor store pursuant to Section 61-6-1035
that is adjacent to and licensed in the same name of the retail
permit authorizing the sale of beer.
(C) In addition to
other applicable fines and penalties, a retailer who violates
the provisions of this section must be assessed a fine of five
hundred dollars for the first violation and five hundred dollars
for the second violation in a twelve month period. Subsequent
violations in a twelve month period are punishable by the loss
of the retail off-premises consumption permit for thirty days.
The revenue from the fines established in this section must be
directed to SLED for supplementing funds required for regulation
and enforcement of the wine tastings.
(D) Nothing in this
section affects tastings as authorized in Section
61-4-960."
SECTION 3. This act takes effect on January 1, 2014. /
Renumber sections to conform.
Amend title to conform.